NEW RULE 1:38 — PUBLIC ACCESS TO COURT RECORDS — PERSONAL IDENTIFIERS
DEFINED; REDACTION OF PERSONAL IDENTIFIERS; CERTIFICATION OF REDACTION;
PROHIBITION ON THE USE OF CERTAIN PERSONAL IDENTIFIERS WHEN MAKING
APPLICATION FOR A WRIT, ORDER OR JUDGMENT INVOLVING A JUDGMENT DEBTOR
The Supreme Court adopted new Rule 1:38 on July 16, 2009, to be effective September
1, 2009. Although the new rule expands public access to Judiciary records, it also, among other
mandates, imposes certain requirements on attorneys and litigants filing documents with the
court in order to safeguard confidential personal identifiers, as defined in new Rule 1:38-7(a).
These requirements include:
A. Personal Identifiers Defined
New Rule 1:38-7(a) defines a confidential personal identifier as a Social
Security number, driver's license number, vehicle plate number, insurance
policy number, active financial account number, or active credit card
number.
B. Redaction of Personal Identifiers
New Rule 1:38-7(b) requires attorneys and self-represented litigants to
redact confidential personal identifiers from all documents prior to filing,
unless provision of the personal identifier(s) is required by statute, court
rule, administrative directive or court order. Note, however, that active
financial account numbers may be identified by the last four digits when
the financial account is the subject of the litigation and cannot otherwise
be identified.
It is not the responsibility of court staff to undertake the redaction of
confidential personal identifiers when included in pleadings or other
documents submitted to the court, nor are staff authorized to reject for
filing any documents containing such confidential personal identifiers.
C. Certification of Compliance with Prohibition on Submission of
Confidential Personal Identifiers to the Court
Attorneys and self-represented litigants must certify with their first filed
pleading that all confidential personal identifiers have been redacted and
that subsequent submissions will not contain such identifiers. In any case
type in which a Case Information Statement (CIS) is required to be filed
with the first pleading (e.g., Civil Part and Foreclosure cases, certain
Family docket types, Appellate Division matters), the certification will be
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included in the model CIS form itself. In General Equity and Special Civil
Part cases, new Rule 1:38-7(c)(2) sets forth the language of the
certification to be included within the first filed pleading. In Criminal
matters, new Rule 1:38-7(c)(2) provides that the judge will inform the
parties at the time of the arraignment status conference that confidential
personal identifiers must be redacted from further pleadings and other
documents submitted to the court.
Court staff are not authorized to reject for filing first pleadings that do not
include the required certification, except that staff may, as now, reject
pleadings that are not accompanied by a signed CIS.
D. Prohibition on the Use of Certain Personal Identifiers When Making
Application for a Writ, Order, or Judgment Involving a Judgment
Debtor
Pursuant to Rule 1:38-7(d), any application for a writ, order, or judgment
involving a judgment debtor, including applications made to the Special
Civil Part for the issuance of wage and chattel executions, may include the
last four digits of active financial account numbers and the last four digits
of the judgment debtor's Social Security number. No other confidential
personal identifiers (e.g., complete Social Security number, driver's
license number, vehicle plate number, insurance policy number, complete
active financial account number or complete active credit card number)
shall be included in the application. With respect to requests to issue wage
and chattel executions in the Special Civil Part, such confidential personal
identifiers may be furnished, when needed, by the judgment creditor or the
judgment creditor's attorney directly to the Special Civil Part Officer to
whom the writ or wage execution order was issued, but the Special Civil
Part Officer shall not add such identifiers to the copies of the Notice to
Debtor or Affidavit of Levy filed with the court, nor to the copy of the
execution returned to the court.
/s/ Glenn A. Grant
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Court
Dated: August 6, 2009
